Legal Opinion

State Highway Commission v. Greensboro City Board of Education

Supreme Court of North Carolina

Decided July 23, 1965No. 704PublishedCited by 14 opinions

1Opinion of the CourtParker, J.

At the outset it should be understood that we are not here passing upon the right of a municipal corporation to exercise the power of eminent domain to condemn property already devoted to a public use, as was the case in R. R. v. Greensboro, 247 N.C. 321, 101 S.E. 2d 347; Goldsboro v. R. R., 246 N.C. 101, 97 S.E. 2d 486; Yadkin County v. High Point, 217 N.C. 462, 8 S.E. 2d 470, cases relied on by the City Board of Education. “The State is not a municipality within the meaning of the Constitution.” Bridges v. Charlotte, 221 N.C. 472, 20 S.E. 2d 825.

The State Highway Commission is a State…

2Cases cited29 opinions

  1. New Jersey Turnpike Authority v. ParsonsSupreme Court of New Jersey · 1949
  2. Smith v. HefnerSupreme Court of North Carolina · 1952
  3. Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1962
  4. City of Goldsboro v. Atlantic Coast Line Railroad Co.Supreme Court of North Carolina · 1957
  5. Bridges Ex Rel. City of Charlotte v. City of CharlotteSupreme Court of North Carolina · 1942

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3Cited by14 opinions

  1. E-470 Public Highway Authority v. RevenigSupreme Court of Colorado · 2004
  2. Pelham Realty Corp. v. Board of TransportationSupreme Court of North Carolina · 1981
  3. Guyton v. North Carolina Board of TransportationCourt of Appeals of North Carolina · 1976
  4. Drewry v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 2005
  5. Boston v. N.C. Private Protective Services BoardCourt of Appeals of North Carolina · 1989

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